Direct Damages Cap definition

Direct Damages Cap means the Maximum Contract Amount.

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Direct Damages Cap has the meaning given in Section 11.2(a).

Direct Damages Cap has the meaning set forth in Section 18.1(b) of the Master Agreement.

Examples of Direct Damages Cap in a sentence

In the event of a termination by Certegy pursuant to Sections 12.1(a) for cause or (b) for persistent breaches or (e) for Bankruptcy or (f) for exceeding the IBM Direct Damages Cap or Section 3.3 for failing to provide disaster recovery services, Certegy shall not be responsible for the payment of the applicable Termination Charge or Wind-Down Expenses.
For the avoidance of doubt, the Provider Direct Damages Cap and the Customer Direct Damages Cap are each separate from the Second Cap and any applicable damages incurred under the Provider Direct Damages Cap and the Customer Direct Damages Cap shall not count as damages under the Second Cap (and vice versa).
Amounts paid or payable under this Section 4.5 will be considered towards the Direct Damages Cap.
However, in the event of a termination by Flagstar pursuant to Sections 10.3(a) Cause or (b) Persistent Failure or (e) Bankruptcy or (f) Per Event ISSC Direct Damages Cap and notwithstanding any other provision of this Agreement except Section 10.5(c), Flagstar shall only be responsible for the payment obligations described in Section 10.5(a)(i) above, but not for the amounts set forth in Sections 10.5(a)(ii) and (iii) above.
In the event one Party shall be liable to the other Party for direct damages arising out of or relating to such Party's performance under this Agreement, such Party may recover from the other Party its direct damages up to an amount not to exceed $40,000,000 in the aggregate (the "Direct Damages Cap").
The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "Direct Damages Caps".
The -------------------------- IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "Direct Damages Caps".
The IBM Direct Damages Cap and the Certegy Direct Damages Cap are herein collectively called the "Direct Damages Caps".
The Direct Damages Cap shall not limit the payment of any Service Level Credits and the amounts of any such Service Level Credits shall not be included in the determination of the aggregate amount of damages allowed under the Direct Damages Cap.
The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the “Direct Damages Caps”.

More Definitions of Direct Damages Cap

Direct Damages Cap shall have the meaning given in Section 27.6 of the Terms and Conditions.

Direct Damages Cap shall have the meaning set forth in Section 20.1.2.

Direct Damages Cap. ▇▇▇▇▇▇▇▇’s total cumulative liability for any and all claims arising from or related to the Service or these Terms will not exceed the amount actually paid by the Client to Pearwell for the Service in the 6 months immediately preceding the event giving rise to the claim . If no fees were paid (for example, if the Client was in a free trial or an End User using the service without charge), Pearwell’s total liability shall not exceed USD $100 (or equivalent in local currency). This cap on liability is an aggregate limit for all claims of any kind and nature.

Direct Damages Cap shall have the meaning set forth in SECTION 30.01.

Direct Damages Cap means $[**].